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HomeMy WebLinkAbout1994-05 Amending Section 1340 Providing New Requirements For Physical Culture and health Services and Clubs And Individuals Performing MassageORDINANCE NO.I AN ORDINANCE AMENDING SECTIO TO PROVIDE NEW REQUIREMENTS F HEALTH SERVICES AND CLUB PERFORMING ND THE CITY COUNCIL OF THE CITY OF EDI: Section 1. Subd. 3 of Subsection 1340.( amended to read as follows: "Subd. 3. Certain Businesses Exempt. A. The preceding provisions of this Subsec shall be required for a business establishm use if it meets all of the following criter documents submitted to and in form and Clerk: 1. The principal business shall not escort service. 2. The annual gross revenue of the t than 25% of the total annual gros<. financial statemen or certifications Subd. 1 of Subsection 1340.04. 3. All individuals performing mass, duly licensed in a ordance with Sul 4. The room or rooms where = exclusive entrance from or exit to tl principal businessis located or tc Notwithstanding t e foregoing, ma: individual at the residence of the pe 1994-5 1340 OF THE C PHYSICAL CU ,ND INDIVIDU AGE ORDAINS: of Section 1340 notwithstanding, vhich offers mass evidenced by stance reasonabl, a massage iciness from perforr revenue of the bu )f the kind specifies in connection tion 1340.03. CODE RE AND the City Code is o business lic nse ;e as an acre ory 'idavits and her acceptable tithe , sauna parlof, or ing massage il less ness as showf by in paragraph 1. of the businesl are sage is performed shall not have an exterior of the building in whict the a public concourse or public Icbby. age may be perfoirned by a lice ised ;on receiving the Massage. 5. All fees or other consideration ded from perforn I received by and accounted by th proprietor of the 6. All individuals performing mass be employees of the principal busine agents who perform massage pursua of the principal business." B. No business license sall be required fc business premises within he City and who in connection wi ►r shall be indepe o a written aeree an individual who massage g massage shad be the business hall ent contract s or ;nt with the oivner not maintin a at the resid nce of the person receiving the massage. Such individuals, however, shall possess a individual license pursuant to Subsection 1340.03 and shall not employ individuals in connection with the practice o massage." Section 2. Subdivision 5 of Subsection 1340. 4 of Section 1340 c amended to read as follows: "Subd. 5 Location of Services. No person shi 11 perform a massag consideration at any place other than (i) q physical culture a physical culture or health club, reducing salon, sauna parlor, or n has been duly licensed pursuant to Subd. 2 of Subsection 1340 which is exempt from a business license pursijant to Subd. 3 of S or (iii) the residence of the person receiving a massage." Section 3. Subsection 1340.14 of Section 134.0 of the City Ca adding a new Subd. 7 as follows: "Subd. 7 No Services All wed by Sexually perform a massage fora f ee or other consi Oriented Business as defined by Subsection ' the City Cod¢ is for a fee oro ler d health ser ce, issage parlor t iat 2, (ii) a busiE ess bsection 1340102, e is amendedl by d Businesses No person i in connection with a Se: of this Code.' Section 4. Subsection 1340.01 of Section TO of the City Co providing a new definition for the following terms: "Massage. The rubbing, pressing, stroking, kneading, tapping, vibrating, or stimulating the superficial parts of the human body instrument by a person wl o is not duly lice ed by the State to surgery, osteopathy, chiropractic, physical th r py or podiatry. Sauna Parlor. An estab ishment or busin ss the principal uE provision of a room or rocms used by the p lic for bathing, rel purposes utilizing steam o hot air as a clea ing, relaxing or red Section 5. This ordinance shall be in full publication. First Reading: April 4, 1994 Second Reading: April 18, 1994 Published in the Edina Sun -Current on May 4, 1 ATTEST: —;�I. City Clerk 2 and effect I S yor e is amended by -olling, pound g, vith hands or ny ractice medic e, Of which is Ihe ging, or reducipg cing agent." its passage 4nd AFFIDAVIT OF (PUBLICATION II STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Donald W. T h u r l o w being duty sworn o i an oath says that he/sh the publisher or authorized agent and employee of the publisher of the newspaper known Edina Sun -Current , and has full kno dedqe of the facts which stated below. (A) The newspaper has complied with all of the requireff ents constituting qualifici tioh as a qualified as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, amended. (B) The printed Ordinance No. 1994-5 el is which is attached was cut from the columns of said newspaper, and was printed ar J published once each wet for on e successive weeks; it was first published onj Wednesday the 4 d of M ay 19_9A_, and was thereafter printed and published on eve and including , the day of , 19 and printed below a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acl, nowledged as being the si and kind of type used in the composition and publication of the notice: abcdefgiu u wxyz BY: Pub I ispe r Acknowledged before me on this 4 day of May 19 94, (1 ( r\ Or\ _ ruoi M E R I D E L rl. 1I D" L 0 M NOTARY PU'LI�', - HENNEPIN C --j. ._Y RATE (1) Lowest classified rate paid by commercial for comparable space (2) Maximum rate allowed by law for the abov (3) Rate actually charged for the above mattei 1.60 per line (Lin , word, or inch rate) 96.84 per line (Lin), word, or inch rate) 794 oer line (Li ,word, or inch rate) C"ofE E AN OECD 70M FOR SWUM tion lmof "Subd. 3. A. The ties netwll be reouin 1. The servcoe. Y 3. The 3. All indh consed in 13IOAB. 4. The roo armed s hem building in v W EDINA Yta'il11 STREET NNE80TASHU KZ NQ llNi BICE AMENDING F THE CITY COD% W REQUIREMEN I. CULTILME AND IL OF THE CITY OF 'Subsection 1340.03 of Sec- ede is amended to read as kninesses Exempt. business establishment Is as an accessory use H dodoc sub - form and substance de to the Clerk: business shall not be a Aum parlor; or escort pvu revenue of the less dImul revmassage enue menti nnns of thekind mph J. of Subd. 1 of e bum ea ease with Subsection ems AN massage Is I have an, I " P es- t to thrvItteriar of the w principal badness is a nausea the person r s ahaII be business or shall nt W a�wart Of the principal B. No business license shall bequired for an individual who does not maintsis a per- � mayrwem�iae. wiy� thea rraadaceeaaE the Qersan yreceC evin;ae�the maa.®e such in- a�ividuwilv�w Yanse� he�rpiasw� to ai nectionn 130A and shall net employ nay individuals in con- neaxian with the practice ofpaaaggee." Section 2 Subdivision 5 of S be�ectisn 1340.14 of Section 1840 of the City Code is amended to read as fellows: "Subd. 5 Location of Services. No person shell, I amswge for a fee or other ceo- sideratloo at any puce other_ than (i) a yr; or massage parlor that has been du- lielsed punwntto Subd of subsection 1340.02, (ii) a busing which is exempt from a business license pursuant to Subd. 3 of Subsection 131002,4(iii) the residence of the person receiving a massage" Section 3. Subsection 1340.14 of Section 1340 of the (Sty Code is emended by adding a new Subd. 7 as follows "Subd. 7 No Services Allowed by Sezralty Oriented Businesses. Noplleother consideration p tiat a massage for a fee or Section 4. Subsection 1340.01 of Section 1340 of the City Code is amended by providing a new definition for the following terms: Massage. The rubbing, stroking, kneading, tappin 1 log, pounding, vibrating, or sttiimmuullaa the wperflciai parts of the human body with hands or any instru- ment by a person who is not duly llceosed by the state to practice med[ctne, surgery, a=ttby, chiropractic, physical therapy or Sauna Parlor. An establishment or business the principal use of which is the provision of a room or moms used by the public for bathing, reLxiria, or reducing purposes utiliz- ing steam oorreducing ah6go�ent kir as a cleaning, relaxing Section'l5 'hls ordinance shall be is full farce and effect upon its it 4., aad publication. First Reading: Apr Second Reading: April 1180041, /s/ FREDERICK S RICHARDS Maya' /�ARCELLA M. DAEl3N city(May 4, 1990 -ED